Minnesota Lien Waivers Guide and FAQs

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Minnesota Lien Waiver FAQs

Minnesota Lien Waiver Overview

Minnesota Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

Minnesota does not require any specific lien waiver form be used in order to be effective. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Minnesota has no requirement that lien waiver be notarized in order to be effective.


icon-can't waive lien rights
Cannot Waive Rights in Contract

Minnesota specifically does not allow lien rights to be waived in the contract for work, and any such waiver is void and unenforceable.


icon-can't waive lien rights
Cannot Waive Rights Before Payment

Minnesota forbids waiving the right to file a mechanics lien prior to the actual receipt of payment. Any such waiver is void and unenforceable.

Minnesota lien waivers are mostly unregulated, at least in terms of the form or specific language necessary to make the waiver effective. However, there are very specific rules related to when a lien waiver can be given and be effective.

Minnesota does not provide lien waiver form templates in its statutes, and doesn’t really provide much guidance on how a lien waiver should be drafted. Participants on a Minnesota construction project, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.

There are strict limitations related to when lien waivers can be requested and provided, however. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In Minnesota, these protections are fairly strict. Minnesota forbids waiving the right to file a mechanics lien prior to the actual receipt of payment. Any such waiver is void and unenforceable.

Despite this prohibition on waiving lien rights prior to payment, construction participants in Minnesota should pay careful attention to lien waivers. The resources, forms, guides, and frequently asked questions about Minnesota Lien Waivers on this page will help you get it right

Minnesota Lien Waivers FAQs

Minnesota's lien waiver rules and requirements can be difficult to understand. This can create some difficult situations for construction participants in Minnesota, who have to navigate providing acceptable waivers in order to get paid as quickly as possible, and make sure not to give up more than they bargained for. We have answers to some of the most common questions about Minnesota's lien waiver rules below.

Minnesota Lien Waiver FAQs

Does Minnesota require a specific statutory lien waiver form?

No, Minnesota does not provide or require statutory forms for lien waivers.

What are the requirements for an Minnesota lien waiver? What makes a lien waiver binding?

There are no specific statutory requirements except that waivers before payment has been received is invalid and unenforceable.

Are Unconditional Lien Waivers Prohibited in Minnesota?

No, as long as the unconditional waiver is not before payment is received.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Minnesota?

Yes, Minnesota specifically forbids the waiving of the right to file a mechanics lien or make a claim against a payment bond prior to the actual receipt of payment.  Any such waiver is void and unenforceable.  However, the statute specifically notes that the waiver may be valid as to any third party that relied on the waiver to his/her own detriment.

Must Minnesota lien waivers be notarized?

No. There is no requirement that a Minnesota lien waiver must be notarized in order to be effective.

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Recent Questions & Answers
About Minnesota Lien Waivers

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Are dollar amounts and dates required on an unconditional lien waiver in Minnesota

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Free Minnesota Lien Waivers Forms & Templates

Minnesota doesn’t really regulate the language on lien waivers. This means that you need to be sure about what your lien waiver says before providing it to another party since it’s easy to end up waiving more than you bargained for. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

When used correctly, the forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your Minnesota lien waiver form.

Free Minnesota Lien Waiver Forms

These Minnesota lien waiver forms are clear, fair, and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

Minnesota Final Conditional Lien Waiver Form - free from

Minnesota Final Conditional Lien Waiver Form

This mn final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Minnesota Final Unconditional Lien Waiver Form - free from

Minnesota Final Unconditional Lien Waiver Form

This mn final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Minnesota Partial Conditional Lien Waiver Form - free from

Minnesota Partial Conditional Lien Waiver Form

This mn partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Minnesota Partial Unconditional Lien Waiver Form - free from

Minnesota Partial Unconditional Lien Waiver Form

This mn partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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